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Ask Brian Keith Felderstein, Esq. Your Ow...

Brian Keith Felderstein, Esq.
Brian Keith Felderstein, Esq., Attorney
Category: Business Law
Satisfied Customers: 33
Experience:  Experienced and sophisticated business attorney with a broad knowledge of most business legal matters.
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I worked for a fortune 50 company for 22 years in the Tax Dept..

Resolved Question:

I worked for a fortune 50 company for 22 years in the Tax Dept.. Not long after I started, I noticed that a significant piece of property was being coded to Illinois, but, in fact, was clearly located in New York. I asked the tax vice president if he knew of this error. He told me that it belonged in Illinois as an "administrative" expense (it was rental property) and told me to do nothing about it. He knew full well that this was incorrect, but, because of his iron rule, you never could say no to this person, so for years I did as he told me to. This deprived New York State and New York City of millions of dollars of tax. Ernst & Young , our auditors, knew about this; I told them that I was instructed to leave it alone, and that they needed to talk to the vice president. Again, nothing was done, and E & Y let it slide.

Now, under the whistle blower laws, I am determined to inform the state and city of the fraud; the state and city tax burden for my company was fraudently underreported for years and years. I have been dealing with a New York law firm, but, although they say it is "very interesting", I have the feeling that they are going to do nothing. I believe New York law states that if the fraud is of a corporate nature I must have legal counsel to persue it. This issue is a simple calculation that would give the state the underpayments in a very short amount of time.

Is there any different insight or advice you can give me?

Thank You
Submitted: 1 year ago.
Category: Business Law
Expert:  Brian Keith Felderstein, Esq. replied 1 year ago.
Good day and thank you for giving me the opportunity to examine your question in order to see if I can be of assistance to you.

While you are reading this, I will review your question taking into consideration your specific facts and I will determine whether I can apply it to the most relevant law at hand. However, before we get started, I wish to set your expectations properly so you will be satisfied with this session and in order to do so, I will need to review a few items:

1. It is important for you to be aware that I am a business attorney licensed to practice in the state of California.

2. Because I am not your attorney and you are not my client, I can only provide you with general legal principles of the most relevant law at hand. However, I will do my best to provide you with the specific statutes, case law, ordinances, general legal principles or any other items necessary so that you can get the most value out of your session with me today.

3. Again, I wish to remind you that I will not be your attorney during this session and you will not be my client and therefore, any discussions we have during our time together will not create an attorney-client relationship and no confidentiality or privilege of our discussions will be established either express or implied throughout this chat session. Therefore, if there is any information you wish to remain confidential or privileged, you must not share it during our discussion today.

4. Sometimes it is not possible to provide you with a definitive black and white answer because the law is extremely subjective. Often an individual’s situation depends on the nuances of their particular facts and the way those facts are analyzed and applied to the law. Therefore, while I will endeavor to provide you with the best information that will allow you to make an informed decision in regards XXXXX XXXXX question, your issue may be such that I can only provide you details that will point you in a particular direction without giving you a specific conclusion.

So there you have it. If you have read through this information and are comfortable with proceeding in a discussion concerning your question please type the words: "I have read your terms please proceed."

However, if you are not comfortable with these terms, I can refer you back into the “Just Answer” Network at this time. Please type the words "refer me back" and I will do so immediately.

How do you wish to proceed?
Customer: replied 1 year ago.


refer me back

Expert:  Brian Keith Felderstein, Esq. replied 1 year ago.
Not a problem. I will now refer you back to the Just Answer Network.
Customer: replied 1 year ago.

I have read your terms please proceed.

Expert:  Brian Keith Felderstein, Esq. replied 1 year ago.
please keep in mind that I can only speak for California law. however, if you're going to pursue a fraud issue under whistleblower statutes, you would generally want to start with the states attorneys general as the would usually oversee such matters.

keep in mind that you would want to be absolutely certain that you have the proper evidence, facts, and issues in regards XXXXX XXXXX case because there is a very real possibility that the company you work for could bring an action against you for defamation or trade libel. Because you're claiming an offense of moral turpitude that the company has engaged in damages would generally be presumed against the organization.

Having said this, truth is an absolute defense and as long as you had strong enough evidence to back up your claim (I of course cannot determine this since I don't know the nuances of your situation) you should be well positioned.

You'll have to determine whether or not it is worth investing a considerable amount of time and quite possibly legal fees in pursuing this matter or whether it is more productive to simply move forward in other ways.

I hope I've been able to provide clarity in regards XXXXX XXXXX
Brian Keith Felderstein, Esq., Attorney
Category: Business Law
Satisfied Customers: 33
Experience: Experienced and sophisticated business attorney with a broad knowledge of most business legal matters.
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